Complete Checklist of Nidhi Company Compliances
Nidhi Company, formed under Section 406 of the Companies Act, 2013, is a type of finance company that is formed for the mutual benefit of its members. It accepts deposits from its members and grants loans to them for different purposes. Nidhi companies must fulfill certain compliance requirements prescribed under the Companies Act, 2013, compliances of Nidhi Company are important To generate accurate insights about the performance and working of the company Every company which is registered under Companies Act, 2013 has to mandatory file the required compliances for the smooth operations of the business. Being a Public Company, Nidhi Company has to safeguard the interests of the stakeholders. Compliances for Nidhi Company One-Time Compliances A Nidhi Company has to fulfill the following requirements only once, known as one-time compliances. Pre-Incorporation Requirements The following are the requirements for forming a Nidhi Company, that shall be fulfilled before incorporation – Post-Incorporation Requirements For this purpose, Nidhi Companies are divided into the following two categories based on their date of incorporation – Companies Incorporated Before Commencement of Nidhi (Amendment) Rules, 2022 Nidhi Companies that are incorporated before the commencement of Nidhi (Amendment) Rules, 2022 i.e., 19th April 2022, must comply with the following requirements within one year of their incorporation – It shall have at least 200 members. The Net Owned Funds of the company shall be equal to Rs. 10 lakhs or more Unencumbered term deposits shall be a minimum of 10% of the outstanding deposits (as of the last working day of the 2nd preceding month) of the company. The ratio of Net Owned Funds to Deposits cannot be more than 1: 20. Companies Incorporated After Commencement of Nidhi (Amendment) Rules, 2022 Nidhi Companies that are incorporated on or after the commencement of Nidhi (Amendment) Rules, 2022 i.e., 19th April 2022, must comply with the following requirements within 120 days of their incorporation – It shall have at least 200 members. The Net Owned Funds of the company shall be equal to Rs. 20 lakhs or more. However, according to Nidhi Rules, 2014, every Nidhi Company (irrespective of its date of incorporation) shall keep a minimum of 10% of its outstanding deposits (as on last working day of 2nd preceding month) as unencumbered term deposits with scheduled commercial bank or post office. In addition, a Nidhi Company can accept deposits only up to 20 times its Net Owned Funds (as per the latest audited financial statements). Note – Net-owned funds represent the total sum of paid-up capital and free reserves, with adjustments made for accumulated and intangible assets as reported in the latest balance sheet. Forms to be filed A Nidhi Company shall file the following forms after incorporation – S. No. Form No. Form Type/ Purpose Due Date Authority with which form/ return is to be filed or application is to be made 1. NDH – 1 Return of Statutory Compliances To furnish details regarding members, deposits, loans, reserves, etc. for the financial year This form should be certified by Practising CA/CS/CMA Note – Nidhi Companies incorporated on or after 19th April 2022 are not required to file this form. Within 90 days from the end of the first financial year and wherever applicable, the second financial year as well ROC 2. NDH – 4 Application for declaration as Nidhi Company Application by companies desirous of declaring themselves as a Nidhi Company Within 120 days of incorporation of the company Central Government 3. INC-20A Declaration of Commencement of Business Declaration by a Director that all the subscribers to the memorandum have paid the full value of their shares Note – This form should be certified by Practising CA/CS/CMA Within 180 days of incorporation ROC 4. ADT – 1 Appointment of Auditor Within 15 days of the appointment of the auditor (The first auditor shall be appointed within 30 days of incorporation) ROC Other One-Time Compliances Apart from filing the above forms, a Nidhi Company shall fulfill the following requirements after its incorporation – Conduct a board meeting within 30 days of incorporation. Open a bank account of the company. Issue share certificates within 2 months from incorporation. Obtain registration under different applicable laws such as GST registration, Trademark registration, etc. Printing of letterhead of the company containing details like name, registered office address, CIN, contact details, etc. Annual Compliances A Nidhi Company shall comply with the following requirements every year. Forms to be filed A Nidhi Company shall file the following forms on an annual basis – S. No. Form No. Form Type/ Purpose Due Date Authority with which form/ return is to be filed or application is to be made 1. NDH – 3 Half Yearly Return To furnish details regarding members, deposits, loans, reserves, etc. for each half-year Note – This form should be certified by Practising CA/CS/CMA For 1st April to 30th September – 30th October For 1st October to 31st March – 30th April ROC 2. AOC – 4 Annual Financial Statements Within 30 days of holding of Annual General Meeting ROC 3. MGT – 7 Annual Return Within 60 days of holding of Annual General Meeting or the due date of the Annual General Meeting, whichever is earlier ROC 4. DIR – 3 KYC Director KYC 30th September of each year ROC 5. DPT – 3 Return of Deposits 30th June of each year ROC 6. MBP-1 Disclosure of Interest by the Director to the Company In the first board meeting of each financial year – 7. DIR-8 Disclosure of Non-Disqualification by the Director to the Company In the first board meeting of each financial year – 8. ADT-1 Reappointment of Auditor or Casual Vacancy of Auditor In case of reappointment, within 15 days from the Annual General Meeting in which the Auditor is reappointed In case of a casual vacancy, within 15 days from the Extraordinary General Meeting in which a new auditor is appointed ROC 9. IEPF-2 Statement of Unpaid and Unclaimed Amounts if any Within 60 days of holding of
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